Garuda - Garba Rujukan Digital

TNI Bill and Regional Autonomy: Implications for Central-Regional Relations in Security Management Resma Bintani Gustaliza; Darsis Humah; Bonefasius Bao
Journal of Politica Governo Vol. 2 No. 2 (2025): Politica Governo - April
Publisher : Pt. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5fksge09

Following the 1998 reforms, Indonesia experienced a significant transformation in the security sector, marked by the elimination of the dual function of the Indonesian Armed Forces (ABRI) and the strengthening of civilian supremacy. However, the current discussion of the Draft Law on the Indonesian National Armed Forces (RUU TNI) has raised concerns about the return of military dominance in civil affairs through military operations other than war (OMSP). This study analyzes the potential impact of the RUU TNI on central-regional relations in security management. Using a qualitative descriptive approach through literature study, this study examines the normative provisions in the RUU TNI and compares them with the principles of democratization and decentralization. The findings show that expanding the role of the TNI in domestic affairs without a civilian oversight mechanism and coordination with local governments has the potential to blur the boundaries between civil defense and security functions, weaken regional autonomy, and create institutional tensions. Central dominance through the military also increases the risk of human rights violations and reduces accountability for security governance. Therefore, the revision of the RUU TNI needs to consider the principles of civilian supremacy, military professionalism, and regional participation in national security policies to prevent the decline of democratic reforms and maintain inclusive and equitable national integration.

TNI Bill and Regional Autonomy: Implications for Central-Regional Relations in Security Management Resma Bintani Gustaliza; Darsis Humah; Bonefasius Bao
Journal of Politica Governo Vol. 2 No. 2 (2025): Politica Governo - April
Publisher : Pt. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5fksge09

Following the 1998 reforms, Indonesia experienced a significant transformation in the security sector, marked by the elimination of the dual function of the Indonesian Armed Forces (ABRI) and the strengthening of civilian supremacy. However, the current discussion of the Draft Law on the Indonesian National Armed Forces (RUU TNI) has raised concerns about the return of military dominance in civil affairs through military operations other than war (OMSP). This study analyzes the potential impact of the RUU TNI on central-regional relations in security management. Using a qualitative descriptive approach through literature study, this study examines the normative provisions in the RUU TNI and compares them with the principles of democratization and decentralization. The findings show that expanding the role of the TNI in domestic affairs without a civilian oversight mechanism and coordination with local governments has the potential to blur the boundaries between civil defense and security functions, weaken regional autonomy, and create institutional tensions. Central dominance through the military also increases the risk of human rights violations and reduces accountability for security governance. Therefore, the revision of the RUU TNI needs to consider the principles of civilian supremacy, military professionalism, and regional participation in national security policies to prevent the decline of democratic reforms and maintain inclusive and equitable national integration.

Legal Protection for Victims of Revenge Porn: Analysis From The Perspective of Criminal Law and Public Ethics Heny Saida Flora; Lina Maulidana; Darsis Humah
Jurnal Hukum dan Keadilan Vol. 3 No. 3 (2026): JHK - April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i3.582

The development of digital technology has triggered an increase in cyber-based crimes, including the phenomenon of revenge porn, which has serious psychological, social, and legal impacts on victims. This study aims to analyze the effectiveness of legal protection for victims of revenge porn from the perspective of criminal law and public ethics, while also identifying normative weaknesses in Indonesian legislation. The research method used is normative legal research with a legislative and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that legal protection for victims of revenge porn is still suboptimal due to unclear norms, disharmony between regulations, and the dominance of a moralistic approach that is not victim-oriented. Existing laws do not clearly differentiate between perpetrators and victims, potentially leading to criminalization of victims. Furthermore, legal implementation still faces obstacles in the form of inconsistent interpretations by officials and a strong culture of victim blaming in society. From a public ethics perspective, revenge porn is a violation of privacy and human dignity that requires a multidimensional response. Therefore, it is necessary to reformulate legal norms based on the principle of consent, harmonize regulations, and strengthen the victim-based justice approach in order to realize fair and comprehensive legal protection

Artificial Intelligence and Legal Accountability: Challenges for Modern Legal System Henny Saida Flora; Darsis Humah; Ichsan Sjuhudi
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tngf9q93

The rapid diffusion of artificial intelligence (AI) into judicial administration, notarial practice, law enforcement, and financial services has exposed a structural gap between the autonomous, opaque, and self-learning character of algorithmic systems and the anthropocentric assumptions embedded in classical doctrines of legal responsibility. This article examines the extent to which fault-based liability, strict liability, and vicarious liability doctrines remain adequate to address harm generated by AI systems, and evaluates comparative regulatory responses in the European Union, the United States, Singapore, and Indonesia. Employing normative legal research through statutory, comparative, and conceptual approaches, this study finds that existing Indonesian instruments principally the Electronic Information and Transactions Law and the Personal Data Protection Law regulate AI only tangentially and leave algorithmic accountability, auditability, and causation largely unaddressed. By contrast, the European Union's risk-based Artificial Intelligence Act imposes graduated obligations of transparency and human oversight according to risk classification. The article argues for a hybrid accountability model combining risk-tiered liability rules, mandatory algorithmic auditing, statutory human-in-the-loop requirements for high-risk systems, and a dedicated compensation mechanism, as a normative foundation for future Indonesian AI legislation

Title

Found 4 Documents
Search

Abstract

Abstract

Abstract

Abstract

Title Search

Found 4 Documents Search

Abstract

Abstract

Abstract

Abstract

Title

Found 4 Documents
Search